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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2820
Experience:  Solicitor at BLM
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I’m in a dispute with a former director. He launched

Customer Question

I’m in a dispute with a former director. He launched proceedings in the county court. Directions questionnaires have been exchanged. He now wants to amend his claim. This is his second attempt filing the same claim. The first time the judge struck the claim out.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: We have filed a defence.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that’s it so far
Submitted: 21 days ago.
Category: Law
Expert:  Anthony Chendo replied 21 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays,

What would you like to know about the court process from the info provided?

Customer: replied 21 days ago.
Can I send you the documents I received from his legal.
Expert:  Anthony Chendo replied 21 days ago.

Hello

You can but it will come at an extra charge given i will have to review the documents in question.

Alternatively you can accept the call request and we can discuss the issue via telephone.

Thanks

Customer: replied 21 days ago.
That’s fine I don’t mind. What are the fees for sending documents for review.
Expert:  Anthony Chendo replied 21 days ago.

What are the documents you intend to send and how many pages?

Customer: replied 21 days ago.
Documents that we were sent to and from the courts.His claim. 2 pages
Directions questionnaire 12 pages
Customer: replied 21 days ago.
Our defence is around 50 pages. But I don’t think it’s necessary at this stage.
Expert:  Anthony Chendo replied 21 days ago.

Ok based on the info you intend to send what would you like to know about the court process because i dont want to send an offer to accept extra charges if i cant assist you with the reason you are here today?

Customer: replied 21 days ago.
1. Can the claimant amend the particulars of the claim.2. Can the defendant get the claim struck out.
Customer: replied 21 days ago.
This claimant has submitted the exact same claim twice. The first of which already got struck out by the judge.
Expert:  Anthony Chendo replied 21 days ago.

ok, I will send an offer to review 14 pages of documents you intend to send.

Customer: replied 21 days ago.
Okay
Expert:  Anthony Chendo replied 21 days ago.

Hello

Based on the info provided the Claimant can amend the particulars of the claim. However whether the amendments will be permitted by the court is a different story which he will perhaps have an uphill struggle given the initial case that was struck out.

The defendant can try to get the claim struck out on the basis that he should not have issued another claim when the first one was struck out given this new claim undermines the court's decision on the first claim.

My advise is to instruct a solicitor to review your case with a view of representing you as he/she will be best placed to convince the court that the 2nd claim is an abuse of the court process and thus should be struck out.

I hope i have clarified the position.

Thanks and stay safe.